One of the most common incidental results of many crimes and family situations is the issuance of an Order of Protection.
There are two types.
The first is called a "refrain from" Order because it does not prohibit any behavior that is not already illegal.
Consequently, it serves to add a charge of contempt to whatever new charge is made against a defendant.
The more serious type of an Order of Protection is what is known as a "stay away" Order.
This requires the defendant to completely stay away from the alleged victim's home, place of employment, school, business or otherwise anywhere whatsoever in public.
In addition, any and all firearms must be turned in to the local police department.
This type of Order of Protection is used more often to punish a defendant than to protect a victim.
Where there are custody and visitation issues, one parent will embellish, make false accusations, or report harmless behavior to police to have the other parent arrested.
The logic is that the defendant perpetrator is violent or unstable to obtain custody or be entitled to visitation.
This does have an impact with the court tribunal hearing the matter, and certainly in criminal court, the defendant is no better off with a pending divorce or custody matter in another court.
In the family context, these are unfortunately used more as a tool against a spouse or the parent of a child in common.
Where there is a divorce pending, it is most common that one party to make allegations of harassment or aggravated harassment.
This is done in order to obtain a favorable position regarding child custody and visitation.
Since one's children are often their most guarded pleasure, people often embellish or falsify offending behavior.
On long island, there are mandatory arrest and usually overnight visits to a jail cell for any allegation involving a family matter.
While it is clear that the children are most often hurt by their parents each other arrested, the relationship between the parties once the issue is resolved is forever destroyed.
Time easily heals wounds from a bad relationship, but being put in jail and charged with a crime is much more difficult.
It is not uncommon for people to be charged with misdemeanors and felony contempt charges as the result of a harassment violation, such as a phone call.
A violation of an Order of Protection is an additional charge, and will become a felony violation if there was physical contact of any kind, including simply walking past the person.
The most common type of violation is an allegation of harassment, which can be either a violation or misdemeanor.
A violation of harassment is defined as when one person with intent to harass, annoy or alarm another and engaging in any unwanted physical conduct, following a person in public or, "engage in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
" This last provision is used as a catch all and many a defendant is left to wonder what type of conduct would not violate another's rights under the statute.
Misdemeanor harassment is when with intent to harass, annoy or alarm another and engages in any physical conduct on the basis or race, color or religion of another, makes a telephone call with no legitimate purpose, or communicates by electronic means.
By far the most common is leaving a message on an answering machine or sending a text or email message as they are considered by electronic means.
The lesson to be learned is that the use of electronics raises the level of harassment from a violation to a misdemeanor.
While it may be less intrusive to the alleged victim, it is legally more serious.
One would be wise not to leave messages or otherwise create a digital communication, which also has the benefit of leaving an evidentiary trail.
Overall, the use of an Order of Protection has served only to add a tool to the arsenal one has at their disposal when fighting their legal battles.
A single piece of paper is not going to stand in the way of someone that truly desires to harm another.
It will tend to show that at least the court and the district attorneys office tried to do something, even if it is at the expense of hundreds if not thousands of falsely arrested people.
There are two types.
The first is called a "refrain from" Order because it does not prohibit any behavior that is not already illegal.
Consequently, it serves to add a charge of contempt to whatever new charge is made against a defendant.
The more serious type of an Order of Protection is what is known as a "stay away" Order.
This requires the defendant to completely stay away from the alleged victim's home, place of employment, school, business or otherwise anywhere whatsoever in public.
In addition, any and all firearms must be turned in to the local police department.
This type of Order of Protection is used more often to punish a defendant than to protect a victim.
Where there are custody and visitation issues, one parent will embellish, make false accusations, or report harmless behavior to police to have the other parent arrested.
The logic is that the defendant perpetrator is violent or unstable to obtain custody or be entitled to visitation.
This does have an impact with the court tribunal hearing the matter, and certainly in criminal court, the defendant is no better off with a pending divorce or custody matter in another court.
In the family context, these are unfortunately used more as a tool against a spouse or the parent of a child in common.
Where there is a divorce pending, it is most common that one party to make allegations of harassment or aggravated harassment.
This is done in order to obtain a favorable position regarding child custody and visitation.
Since one's children are often their most guarded pleasure, people often embellish or falsify offending behavior.
On long island, there are mandatory arrest and usually overnight visits to a jail cell for any allegation involving a family matter.
While it is clear that the children are most often hurt by their parents each other arrested, the relationship between the parties once the issue is resolved is forever destroyed.
Time easily heals wounds from a bad relationship, but being put in jail and charged with a crime is much more difficult.
It is not uncommon for people to be charged with misdemeanors and felony contempt charges as the result of a harassment violation, such as a phone call.
A violation of an Order of Protection is an additional charge, and will become a felony violation if there was physical contact of any kind, including simply walking past the person.
The most common type of violation is an allegation of harassment, which can be either a violation or misdemeanor.
A violation of harassment is defined as when one person with intent to harass, annoy or alarm another and engaging in any unwanted physical conduct, following a person in public or, "engage in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
" This last provision is used as a catch all and many a defendant is left to wonder what type of conduct would not violate another's rights under the statute.
Misdemeanor harassment is when with intent to harass, annoy or alarm another and engages in any physical conduct on the basis or race, color or religion of another, makes a telephone call with no legitimate purpose, or communicates by electronic means.
By far the most common is leaving a message on an answering machine or sending a text or email message as they are considered by electronic means.
The lesson to be learned is that the use of electronics raises the level of harassment from a violation to a misdemeanor.
While it may be less intrusive to the alleged victim, it is legally more serious.
One would be wise not to leave messages or otherwise create a digital communication, which also has the benefit of leaving an evidentiary trail.
Overall, the use of an Order of Protection has served only to add a tool to the arsenal one has at their disposal when fighting their legal battles.
A single piece of paper is not going to stand in the way of someone that truly desires to harm another.
It will tend to show that at least the court and the district attorneys office tried to do something, even if it is at the expense of hundreds if not thousands of falsely arrested people.
SHARE
